Introduction 

The following terms and conditions and website terms of use relate to the provision of any services or sale of products (including downloadable material) from the website dietitianchelsea.com (“Website”) or from us personally (together, “Services”). These terms and conditions constitute an agreement between Chelsea McCallum trading as Chelsea McCallum ABN (88 102 484 325) (“us”, “we”, “our”), the owner and operator of the Website and any Services, and you (“you”, “your” or “user(s)”), a user of the Website and/or Services (“Agreement”).​

By accessing and using our Services you accept and agree to be bound by the terms and provision of this Agreement. The terms and conditions may change with or without notice.​

If you do not agree to abide by these terms and conditions, please do not use this website. If you do not understand these terms and conditions or you need more assistance, please contact us at [email protected] ​

Users of our Website or Services must be 18 years of age or older, and by using our Website or Services you warrant that you are at least 18 years of age and that the Services are being acquired for yourself, or on behalf of your child over the age of 13 years where you are that child’s parent or legal guardian.  

Accuracy of information 

We do our best to keep the information published on our Website up to date and accurate and derive our information from sources that we believe to be up to date and accurate at the date of publication. However, some information may from time to time be incorrect, out of date or inaccurate partially or in its entirety.  ​

All information on our Website is provided for information purposes only.  Information provided on our Website is of a general nature and you understand and accept that it is your responsibility to undertake further independent research and seek independent medical advice for your specific circumstances.  We are not liable for any loss resulting from any action taken or reliance made by you on any information or material that is posted by us.   

Requirement to obtain professional medical advice. 

1. All content on our Website is for informational and educational purposes only.

2. You should always speak with your physician or other health care professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.  If you have or suspect that you have a medical problem, you should contact your health care provider. 

3. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new nutrition or fitness regime should consult with an appropriate healthcare professional before beginning any nutrition or fitness program.

4. You should not disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on our Website. 

5. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately. 

6. You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services. 

7. You acknowledge that by participating in or otherwise obtaining our Services, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health.  You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Website, or may be risks that are not known to you or are not readily foreseeable at the time of using our Services.  This is a risk warning pursuant to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).  You assume all risks not excluded by law in connection with your use of the Website and our Services.  To the extent permitted by law, we exclude any express or implied warranties of fitness for purpose or reasonable care and skill. ​

Reviews  

Generally, we review products and/or services that we select ourselves without sponsorship, payment or in-kind benefit. The aim of this is to provide you with unbiased, professional review and opinion of these products and/or services. From time to time we may receive products or services that are gifted or receive an affiliated payment or in-kind benefit for a review of a particular product or service. Disclosure of any product or service that has been gifted or payment has been received for review will be made in the relevant publication on our website.  

Purchase of Services 

As part of your continued use of our Website or to purchase our Services you warrant that any personal information you provide to us will always be accurate, correct and up to date. ​

We use a secure online payment system. In order to purchase any of our Services you will be required to select one of the payment methods available on our Website which may require you to provide us with your credit or debit card information.  Please be aware that credit or debit card payment is made through a third party payment processor.  By ordering a Service from us, you agree that we may charge you the price listed at the checkout screen on our Site. ​

Prices for services provided under these terms and conditions will be as outlined on the Website at the time you apply for the Services.  All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”).  We reserve our right to amend our prices at any time without notice to you. Any concerns regarding payment should be made to us at [email protected] ​

Delivery of Services 

If you purchase an individualised meal plan or an individual dietitian consultation, you will be provided with our Dietitian Service following payment processing by a third party payment processor, or otherwise contacted by us to initiate this Service.  Additional information about our Dietitian Service can be obtained by emailing us at [email protected] ​

If an eBook is purchased, it will be delivered immediately by download. Once we have processed your payment information you will be given a link to download your eBook.  If you have any issues with downloading your eBook, please contact us at  [email protected] ​

We provide some information free of charge on our Website.  If you have any issues with downloading or accessing information on our Website, please contact us at [email protected] ​

Refunds 

In the event of any defect with the Services that you have purchased on or through our Website, your remedies will be as prescribed under Australian Consumer Law, and our liability will be limited to replacement of the Services in question (where applicable), or refund to the value of those Services.  If you believe any of the Services purchased on or through our Website contain a defect, you must notify us immediately by emailing [email protected] ​

Intellectual Property 

The Service and its original content, features and functionality (including  text, graphics, logos, icons, sound recordings) are and will remain the exclusive property of Chelsea McCallum and its licensors. 

Links To Other Web Sites 

Our Service may contain links to third-party web sites or services that are not owned or controlled by Chelsea McCallum. Chelsea McCallum makes no representations whatsoever about any other web site which you may access through this Website. When accessing another website independent from Chelsea McCallum IBS Dietitian, Chelsea McCallum has no control over the content on that web site. In addition, a link to an external web site does not mean that Chelsea McCallum endorses or accepts any responsibility for the content, or the use, of such web site. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.  

Termination 

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.  

Disclaimer 

Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Chelsea, its affiliates, directors, employees, agents or assigns, to the extent permissible by law, exclude all liability, for any damages whatsoever arising out of, or in any way related to, the use of this Website.  

Personal Information 

We comply with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information, together with the Freedom of Information Act 1992 (QLD).​

Our Privacy Policy can be accessed here.

 Security of Information 

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You acknowledge sole reasonability for and assume all risk arising from your use of this Website. ​

Indemnity  
You agree to indemnify, defend and hold harmless Chelsea, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website in breach of these terms and conditions. ​

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.​

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.​

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.​

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.​

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Website and our Service. 

Governing law 
These terms and conditions are governed by the laws in force in Queensland. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Contact Us 

If you have any questions about these terms and conditions, please contact us at [email protected]